Exam 16: Warranties and Product Liability

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A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

(True/False)
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A lien is an encumbrance on a property to satisfy or protect a claim for payment of a debt.

(True/False)
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Sari buys a new sport utility vehicle (SUV) from Terrific Cars & Trucks,Inc.The most important factor in determining whether an ex-press war-ranty is created is whether

(Multiple Choice)
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Sweet Candy,Inc.,and Tasty Treats stores enter into a contract for a sale of confections.Sweet,a merchant who deals in goods of the kind sold,makes express warranties in connection with the sale.Under the UCC,at the time a contract is formed,an express warranty can be disclaimed or modified

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In sales law,there is only one type of warranty of title.

(True/False)
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Paltry Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim.Paltry is most likely liable for

(Multiple Choice)
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Garden Tool Company makes hedge trimmers.Troy is injured while using a Garden Tool trimmer and sues the company for product liability based on neg-ligence.To win,Troy must show that

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Strict liability depends on privity of contract between an injured party and a seller.

(True/False)
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Merchants are not required to warrant that the goods they sell are fit for their ordinary purpose.

(True/False)
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Cutter Company makes and sells table saws,which are designed to be safe if used properly.Erin buys a Cutter saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage,Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing,slips off the saw,falls on the blade,and is injured.He files a product liability suit against Cutter,on the ground of negligence.On what basis could the maker prevail?

(Essay)
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Regional Wood Products Company and Sylvia enter into a contract for a sale of lumber.Regional knows the purpose for which Sylvia will use the goods.Under the UCC,an implied warranty of fitness of a particular purpose arises

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Warranties of title do not arise in most sales contracts.

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